Legal Terminology 101

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Navigating the legal process can be a nerve-racking and tricky situation. Those of us who find themselves in legal waters may feel vulnerable and frightened. These feelings are normal, and it can be very confusing. Lawyers and judges have many years of schooling and work experience so the legal process can be second nature to them. For the average Joe caught up in this, they may find themselves out of the loop. When facing the need for legal advice up to 96% of people utilize a search engine in their quest. On the surface, the law seems convoluted at times, but it does not have to be. Follow along with these explanations for some of the most common legal terms. Welcome to legal terminology 101!

Types of Lawyers

Not all lawyers are created the same. People use attorneys for all sorts of legal concerns. Some need lawyers because they are going through a divorce. Others are trying to settle a family member’s will and estate. You might have suffered an injury because of someone else’s negligence. There are also people who have run afoul of the law. All of these scenarios involve the need for a lawyer, even though they are wildly different. A good law firm should have many different lawyers who specialize in the different legal aspects. If you’re caught up in a criminal court case, you don’t want a copyright attorney defending you. It is important to know the different functions and descriptions in legal terminology 101.

Family Law

A family law attorney handles all family-related legal proceedings. One of the most prominent functions of a family lawyer is handling divorce proceedings. They act as the estranged couples’ mediator. They will devise a plan of action and divvy up the assets. This is an extremely stressful time for families and a great family lawyer can handle the proceedings with the utmost sensitivity.

Family law attorneys do not just settle divorces. They will also assist in custody and guardianship cases. When a couple divorces, there is often so much more than just dividing assets. If they have young children, custody agreements must be settled as well. The lawyers, working with the parents will help decide what kind of agreement is best. Many different factors play into this. The individual’s financial situation, work schedule, and history all help decide the custody agreement. Other major duties of the job include settling the wills and estates of deceased family members and facilitating adoptions. Many of these situations involve high emotions and stress. It is important that family law attorneys have sensitivity and empathy to help these families deal with the process.

Injury Attorneys

Despite taking all necessary precautions and putting safety first, accidents do still happen. Sometimes they may be simple “acts of God,” where nobody is considered at fault. Most of the time, however, there is someone legally responsible. Someone may have cut safety corners and are negligent for the injuries that have occurred as a result of it. If you have been injured as a result of someone’s negligence, contacting a personal injury attorney should be a major priority. Many injury sufferers often lament dealing with insurance companies. A competent personal injury lawyer can take on the insurance companies and ensure fair compensation. They will investigate the claim and try to prove that the injury is a result of the other party’s negligence. They will also negotiate on your behalf with the company until a fair settlement is reached.

Sometimes the injury occurs at your place of employment. When that happens, you will be out of work for quite some time. Lost wages and mounting medical bills are sure to follow, placing undue stress on the injured person. Work injury attorneys will help ensure you fair worker’s compensation. They will try to close any legal loopholes that the employer may try to exploit. These attorneys should be knowledgeable about the Occupational Safety and Health Administration (OSHA) rules and regulations. With this information, they can negotiate a settlement for you. Personal and work injury attorneys are vital members of the law community. Understanding their role is important in legal terminology 101.

Criminal Defense Attorneys

When someone pictures a lawyer, they often picture a criminal law attorney in the midst of “the trial of the century.” There have been numerous popular television shows and movies centered around this profession. While these portrayals are mostly unrealistic, a criminal law attorney plays an important role in the legal field. Anyone who is caught in legal hot water will need a criminal law attorney to navigate this legal minefield. Contrary to popular belief, most criminal cases do not wind up in a trial. These lawyers will fight to defend you and ensure fair treatment.

Criminal law attorneys should be knowledgeable in case law and precedence. They can use legal arguments from past cases and apply them to your case. If the district attorney has been overzealous in their charges, your attorney can negotiate the dropping of some of them. With the prospect of possible prison time looming, you will need a quality attorney representing you. They work to make sure that you are granted a 100% fair trial. Nobody wants to go to jail and a great attorney can help prevent that. Knowing all there is to know about criminal defense attorneys can help you tremendously in legal terminology 101.

Guns

There are numerous types of criminal law cases. Every night on the news, we see stories about criminals being taken into custody after breaking the law. The laws broken vary in severity. While all crime is not right, some are much more serious. The severity of the crime is usually reflected in the length of the sentence. Some crimes result in only a brief jail sentence or probation/community service. On the opposite end of the spectrum, you have crimes that result in a life sentence or even the death penalty. A defining factor in many of these crimes involve guns. Guns play a major part in many crimes. A robbery charge can be further complicated for a theft defense attorney if a gun was prevalent at the crime. It is important to learn the role of guns in legal terminology 101.

Purchasing a gun is much more complicated than any other purchase. Before you can purchase a gun, a background check has to be conducted. The laws vary by state, but a background check remains a constant. These can help prevent guns from winding up in the wrong hands. For the store owners, the gun sale process is a process that should be taken seriously. Many gun sales are done illegally. Guns are a lucrative item on the black market. Criminals are known to shave off serial numbers so they cannot be traced. If you are planning to purchase a gun, it is important to follow all gun sale laws. A private sale from a friend may be the easier method but is not advised. It is best to buy from a certified gun salesperson. Consider these anecdotes in legal terminology 101 when making a purchase.

Bail Bonds

In legal terminology 101, you might hear of the term, bail bonds. When someone has been charged with a crime, they will also face the bail process. The bail is set to reflect the nature of the crime. For minor non-violent crimes, the bail will be set at a low amount or forfeited altogether. Serious crimes such as murder, acts of terrorism, and sex crimes, the defendant may be a danger to the public. An exuberantly high amount or none at all will be set to keep the defendant in police custody. If a defendant is unable to pay their bail, they must stay in jail during the legal process. This could throw a monkey wrench into their legal plans, as they plan to sort out their case. They will be out of work and unable to provide for their family at this time. This is where bail bonds come into play.

There are plenty of bail bonds services that you can utilize at this time. The agent, or bondsman, will pay a portion of the amount and make a promise to the court that the defendant will appear on their scheduled date. Should the defendant fail to appear, the bondsman will be required to pay the entire amount. You will have to pay a fee to the agent beforehand. The fee is typically about 10-15% of the actual bail amount. The bail bond service may require you to offer collateral, such as jewelry, so that they can be reimbursed after a court date no-show.

If you are searching in need of a bail bond service, it is important to conduct research. Solicit suggestions from friends and family who have been in similar situations. Make sure that it is a reputable service. Be wary of any scams and don’t be afraid to ask questions. Once you have found the right service you must adhere to all parameters of the contract you sign. If you understand this legal terminology 101, you will be able to navigate this tricky situation.

Other Types of Lawyers

Criminal, personal injury, and family lawyers are some of the most common attorneys we utilize today. They are not the only types of lawyers out there working. Some of these lawyers practice in specialized legal areas. You can continue to understand these types of law practices in legal terminology 101. Among these types of lawyers include, bankruptcy law, employment law, and immigration law.

Sometimes a business or person suffers a great financial loss. There are a number of different options that they can take. One option is bankruptcy. There are different types of bankruptcy and a bankruptcy lawyer will help guide the person or business through the process. Chapter 11 bankruptcy involves the reorganization of the loan in order to pay off their creditors. Chapter 7 bankruptcy involves the total liquidation of the company assets. A bankruptcy lawyer will help you decide the best course of action. They can advise you of your eligibility and even help you avoid bankruptcy altogether if you can.

Legal concerns often arise in the workplace. An employee can have an issue with the company at large. The company itself may have legal problems with employees and outside vendors. In order to navigate these muddy waters, an employment lawyer will come in to play. Employment lawyers are well-versed in employment contracts and agreements. They can help settle any legal issues involving business relationships.

Immigration law is another essential law practice. They will help clients in all aspects of the immigration and citizenship process. They will help facilitate the legalities of the green card process. They will also help defend asylum seekers in immigration court. Immigration lawyers are knowledgeable in the different types of visas and help in the application process.

Shareholders’ Agreement

A shareholders, or stockholders, agreement is a legal document that helps decide the direction of a company and its management. Shareholder agreements. outline the shareholders’ rights and privileges. It is used to make sure that all shareholders are treated fairly. It can dictate the pricing of shares and how they are sold. A lawyer, who specializes in contract law, will help draft these agreements. If the shareholders feel they have been treated unfairly, they can contact a lawyer to settle to fight for their rights against the company. Shareholder agreements and the legal proceedings that involve them are import factors of legal terminology 101.

Having to deal with the legal process can be an overwhelming endeavor. Whether you’re going through a divorce, suffered an accident, or have been arrested, you will want someone to help guide you through this nerve-racking process. A quality lawyer will do just that. It can be a frightening situation, but with the right attorney, you can safely navigate these hiccups in life. There are several words and phrases in legal terminology 101 that you hopefully now have a better understanding of. The legal process can be a tricky one, but with the right research and the right team fighting for you, you’ll be ok.

Can I File For Workers Compensation As A Work From Home Employee?

Written by Law Terminology. Posted in Uncategorized

More people are working from home right now more than ever. The COVID-19 pandemic has caused thousands of companies to shift as many employees as possible to work from home environments. One potentially positive side effect of the pandemic is that many have discovered that their jobs are much more feasibly shifted to working from home than they might have thought and that many of their traditional office skills can be applied to the home office. This makes their potential career prospects more diverse, and in fact, lots of people that lost their jobs due to the pandemic are now looking for working from home prospects. In a lot of ways, the future may very well involve working from home as much as possible, as it’s a sustainable work format that is available regardless of the nation’s quarantine status. Many experts have projected that the country will go in and out of lockdown states until a vaccine is released, which means that more and more people will shift to this unique work environment. But just as employees are shifting, so are important, practical aspects of the work environments that they once were in. This includes workers compensation and specifically workers compensation eligibility requirements.

Right now, it’s estimated that about 96% of people use a search engine to seek out legal advice; and a lot of employees who now work from home are probably doing that, particularly because they’re confused about what workers compensation even means right now. Just because more people are working from home doesn’t mean that they’re sitting at their desks working completely from a computer. Nor does it mean that they can’t be injured on the job, even if they are working on computers. Workers compensation eligibility requirements may very well see a shift in the future as the idea of what work injuries at home really are, and what working at all in a post-pandemic word looks like. But right now, less has changed than you might think. Workers’ rights still need to be observed and protected, and you shouldn’t assume that because you work from home you don’t have a right to workers compensation.

Can I File For Workers Compensation If I Work From Home?

Firstly, let’s look at the most basic and obvious question: can you file for workers compensation if you work from home? Barring a few very specific circumstances, every state except for Texas requires that employers have workers compensation coverage available for employees. If you’re working for a company that doesn’t offer workers compensation coverage in the first place, that’s another issue entirely, and one that you may very well want to take up with the help of workers comp lawyers.

With that being said, generally speaking, remote employees are just as able to file for workers compensation in theory as employees that don’t work from home. Before the pandemic, a lot of companies had both remote employees and traditional employees. These employees had to have the same level of ability to apply for workers compensation. When it came this aspect of workers compensation eligibility requirements, the issue was not getting hurt while at a specific location, but getting hurt while on the job, regardless of where it was happening. All of this being said, it can be more difficult for remote employees to receive workers compensation simply because their cases are often not as cut and dry. If an employee is at a company warehouse and slips and falls on a wet floor, or is injured while transporting company goods, then it’s fairly clear to lawyers that they will probably meet workers compensation eligibility requirements. While remote employees are simply just as capable of being hurt on the job, it can be more difficult to determine whether nor not that is what actually happened, and whether or not the context of the injury was work-related.

Although some remote employees are more closely surveyed by their employers than others, generally speaking, it is impossible to see what a remote employee is doing at all times. Therefore, a remote employee could potentially be injured while off the job, and then file for workers comp without actually meeting workers compensation eligibility requirements. Now, there are circumstances under which injuries and their timing may be more easily tracked. If a remote employee is making a delivery for their employer and gets into a car accident, then that is more obviously an injury that occurred on the job. If an employee is hurt on the job and immediately goes to receive medical treatment, then this is more clearly occurring on the job. Injuries that occur on the job more gradually may be more difficult to track. If an employee receives a gradually-occurring back injury, they may very well need to consult with a doctor to prove that this occurred on the job and that they fall under workers compensation eligibility requirements. The burden of proving that an injury arose because of or on the job is on the employee, but conversely, courts have found that the employers’ lack of comparative oversight regarding a remote employee’s location is irrelevant. It’s simply a trickier situation, at times, to prove.

Why Do Work From Home Employees Apply For Workers Compensation?

What types of injuries and conditions to prompt work from home employees to apply for workers compensation? When looking up whether or not a situation falls under workers compensation eligibility requirements, many employees become quite confused. If you think that you may have a case and you’re a work from home employee, it may be worth it to start consulting with a work injury attorney early. An injury lawyer can advise you as to whether or not your case is worth moving forward with; you don’t have to necessarily wait to get in touch with them until you’ve been denied workers compensation.

You may also want to look into what historically has affected work from home employees in terms of injuries. Not all work from home employees simply work out of an office at home. As previously mentioned, some remote employees may have tasks involving delivering products; if they were to get into a car accident during that time, that would be an injury that occurred on the job. Some work from home employees may also perform physical tasks at home, as their clients may come to them or they may make products at home. Any kind of injury that occurs during this physical labor could fall under workers compensation eligibility requirements as well.

With that being said, many injuries that occur when an employee is working from home are far from straightforward. It’s quite possible that a work from home employee would be more likely to be challenged by their employer when seeking workers compensation, which is why it’s important to consult with a workplace injury attorney ahead of time. One particular case in which an employee was challenged by their employer was Verizon Pennsylvania v. Workers’ Compensation Appeal Board (Alston), 900 A.2d 440 (Pa. Cmwlth. 2006). In this particular case, the work from employee did work out of a typical home office and fell down the stairs to her home office after getting a drink and injured her neck. Specifically, she was returning to her office to answer a ringing phone. While the employer argued that she had left her duties and was injured during that time, and therefore not on the job, the court found that she had only briefly left her duties and was therefore still on the job when injured, just as a typical office employee would be if they got up to get a drink. More than once in fact, Pennsylvania courts have found that these brief deviations from work do not affect an employee’s workers compensation eligibility, as attending to these comforts furthers the employee’s ability to work. In fact, the Commonwealth Court of Pennsylvania deemed during the Verizon case that the employee was injured at a secondary work premise, which meant that she still fell under the workers compensation eligibility requirements.

How Have Companies Responded?

It’s not that companies necessarily don’t want to give workers compensation benefits. However, many are more reluctant to do so for work from home employees simply because there is the perception that work from home employees are more easily able to make claims for injuries that didn’t occur on the job. This is an unfair perception, but one that has led to restrictions that apply to work from home employees in many different companies. Most companies now have strict telecommuting policies and procedures that employees must adhere to.

These policies can include a stricter account for work hours. Not only must the employee actually account for a certain amount of worked hours; they must also only work within a set time frame. This makes it easier to determine whether or not an employee was actually hurt while on the job. Employers also often demand that employees set aside a dedicated work area, and may even require that employees adhere to a certain type of office, designed to reduce the risk of injury (including injuries that occur due to long-term injuries). Even lunch hours are often fixed for work from home employees, and employers often check up on work from home employees more frequently than they would check on traditional in-office employees. While it’s understandable that employers would want to protect themselves from false claims, this can also set a confusing precedent for work from home employees. Some may even be nervous about filing for workers compensation, as they won’t be sure what counts as an on the job injury and what doesn’t. This is why it’s important to talk to a work injury compensation lawyer, and ensure that you are handling your own claim correctly.

How Do I File For Workers Compensation?

In theory, not a lot of will change when filing for workers compensation as a remote employee; but the reality may differ. Contact your accident lawyer first, as they can help you file in a way that will maximize the chances of your claim actually being accepted. Workers compensation laws do vary somewhat from state to state, but you should be in touch with your employer to let them know about the injury immediately. It’s particularly important for work from home employees to have a dedicated record tracking their injury or injuries, and what they’ve done to have it treated. Therefore, you should also see a doctor regarding your injuries, and compile all relevant information regarding them. For that matter, if you are hurt and receive emergency medical assistance, tell them that you were hurt on the job. If your doctor finds that you are suffering from a work-related injury or illness, tell your employer no more than thirty days after you see them.

Most states require that the claim is filed no more than two years after the injury occurred in total. If you encounter difficulties with your claim but believe that you were unjustly denied workers compensation, you can still pursue compensation with the help of a dedicated legal team. With that being said, even if you are granted workers compensation, your employer may still appeal the matter, as occurred with the aforementioned Verizon case.

It’s not unusual for work from home employees to feel as if they’re a bit different from traditional employees, simply because working from home in today’s context is still relatively new. The American work culture usually defines on the job as being at a place, versus performing an activity; but legally speaking, that is incorrect. It is important for work from home employees to understand that they can also meet workers compensation eligibility requirements, regardless of where their injuries occurred.

As previously mentioned, you can still fight the denial of your claim and for that matter an appeal that your employer may take up. However, you’ll need the legal services of an attorney on your side. Therefore, the best thing you can do for yourself as a work from home employee is start early and talk to a lawyer as soon as you’re hurt.

Finding the Best Attorney for Your Specific Legal Needs

Written by Law Terminology. Posted in Uncategorized

Many people are not aware that lawyers are a lot like doctors. Like doctors, many lawyers choose a specialty field. For example, some attorneys are general practitioners, like your family doctor. They have a broad practice that encompasses many different legal services.

Other attorneys focus their practice on a particular area of the law like divorce lawyer services, much like some doctors specialize in orthopedics or other specialty areas. It is imperative when a client is trying to get the legal help that they go to the right specialist, as it is for the patient that needs special care to connect with the right physician.

How Do You Get Legal Help For Your Specific Need?

The first step in ensuring that you get legal help from the right attorney is to learn more about what the attorney does. A general practitioner attorney can provide great support for a wide range of things, but will typically refer you to a colleague that specializes in your area of issue if your case is overly complicated.

For example, an attorney that offers a wide range of services can help you with financial planning, but when your financial planning needs exceed their scope of expertise, they will refer you to another attorney that can manage your needs that specializes in financial planning.

If you are trying to get legal help and you do not know where to start, if you have an attorney that you have done business with before, that is a good place to start. If you do not have a historical relationship with an attorney, then understanding what each type of attorney does can help you to get legal help.

What Types of Attorneys Are There?

There are over 20 different fields of law that an attorney can specialize in. The specialty fields include some common law fields and some uncommon ones as well. For example, a commodities lawyer is an attorney that focuses on helping trading professionals within the commodities market.

Admiralty law attorneys focus on the laws the govern navigatable bodies of water. Education law attorneys focus on laws that govern a school. Civil rights lawyers focus on protecting the civil rights of the individual granted by the constitution.

The litany of specialty fields is extensive. Each field requires specialized expertise. Ensuring that you get the best representation for your matter means tapping into that specialized expertise. Get the legal help you need by finding the specialist that will have the expertise to meet your needs.

Which Attorney is Best to Find An Embezzlement Charge?

Guilty or innocent if you have been charged with embezzlement you need an attorney that can represent you. Embezzlement is considered a “white collar” crime but it does not make it a less serious charge.

You need to get legal help from an experienced attorney that has fought and won cases like yours. While no one can guarantee the outcome of your case, you can even the playing field by having an attorney that knows what it takes to fight these types of cases.

You need a criminal defense attorney to help fight this type of charge, but not just any type of criminal defense attorney, you need one that specifically has experience in embezzlement cases in your state. Of course, embezzlement charges can fall into two different categories and that will also drive your search for an attorney that can best represent you.

For example, if you worked at a bank and you are being accused of embezzlement than you can be facing both state and federal charges. If that is the case than you will need to get legal help from an attorney that can represent you in both maters.

What if the IRS Has Put In Place a Bank Levy For Back Taxes?

The Internal Revenue Service is unfortunately very well-known for going to great extents to get their money. Placing a bank levy on your bank accounts is one of their tactics. When a bank levy is placed, you cannot access any of your money until the IRS levy is satisfied. Luckily you can get legal help from a tax attorney that might be able to get the levy released and work out your problems with the IRS. Tax law is a specialized field. Most general attorneys do not practice this type of law. A tax lawyer can negotiate your tax problems on your behalf, and come up with a payment solution that will satisfy your debt that is often below what the IRS is demanding. If you are dealing with a tax problem this is the type of attorney you want on your team.

What is the Best Attorney for a Divorce?

Many general attorneys can handle your divorce if your situation is not complicated, however, if you are dealing with a vengeful spouse, or your combined assets are substantial then you need a high profile divorce attorney on your side.

Divorces can get ugly. No one plans for a divorce when they are putting on those wedding rings which of course can mean you signed a prenuptial agreement when your decision making was clouded by love. An experienced divorce attorney can help.

When you get legal help from an attorney that has seen it all when it comes to dirty deeds during a divorce, you have a much better chance of getting the outcome that you are hoping for. Most divorce attorneys will also represent you in child custody cases, child support matters, divorce settlement issues, and other family court-related issues.

If you are going through a divorce it is vital that you have a specialist attorney that can help to protect your future. You do not want to settle for anything less.

Where Do I Get Legal Help For Conspiracy Charges?

Conspiracy charges are often filed by the federal government. They are very serious charges and can cover a wide range of situations. In the case, where you have been federally charged with conspiracy charges you will need an attorney that can practice federal law.

Not every attorney can practice in federal court. You will need an attorney that can practice in federal court. Having strong representation from an attorney is an expert in federal laws is the best way to get that representation.

What If A Business Does Not Provide Services As Promised to My Business?

Let’s say your office has contracted a company for website design, and it has been months since you have heard from them? What can you do? You find an attorney that is a corporate attorney to help you resolve the issue.

A corporate attorney can help to protect your company, as well as, step in when you have a business deal that has gone sour. They have the expertise to get you the results that you need for your business. Corporate attorneys specialize in:

  • Contract review and preparation that will protect your interests.
  • Provide advice and negotiate on your behalf.
  • Step in when other businesses do not uphold their end of the deal.

Corporate lawyers can intervene on your behalf to help you manage your business and enjoy legal protections. Every business should have an attorney on their side that focuses on business law.

What if I Need a Trust or Will Set Up, Which Lawyer is Best for That?

A trusts, estates, and will attorney is the best source when you need a will, trust or estate managed. These type of attorneys specialize in providing advice and creating the documents that you need to protect the financial future for you and your family.

If you need expertise in estate planning, want to set up a trust for your business, or need to draw up a will to protect your family, trust, will, and estate attorneys can help. You can get the legal help you need and have the peace of mind you want.

What Attorney Do I Need When I Have Been Injured In the Workplace?

Workplace injuries are relatively common, and unfortunately so are issues with workplace injury claims. A personal injury attorney is an attorney you need to turn to. You can get the legal help you need to ensure that you can navigate your claim with ease.

A personal injury attorney is also the help you need when you have experienced a:

  • Car accident.
  • A slip and fall accident.
  • Product liability, faulty product injuries.

A personal injury attorney has the experience and the expertise to get you the outcome that you hope for.

What If I Have Been Discriminated Against?

Discrimination is illegal in a wide range of settings. For example, if you feel that a landlord will not rent to you based on your color, race, gender, sexuality, or religious belief, that is considered discrimination. An attorney in the aforementioned case that can best handle the matter would be either a housing attorney or a civil rights specialty attorney.

If you are being discriminated in the workplace because of race, gender, sexuality, or religious belief than the best attorney for that situation would be a labor lawyer that specializes in equal employment opportunity laws.

If you feel that you are being discriminated by your school system a civil rights attorney can help you find relief from the situation. Each case of discrimination requires an attorney with specialized skills to address the matter.

Which Attorney Can Help When I Buy a Home?

An important time to get legal help is when you are buying or selling real property. Real estate transactions can sometimes be tricky. It is important that you have someone on your side looking out for your best interest.

A real estate lawyer is the person you can count on to ensure that your interests are protected. You can get help as both a buyer and a seller to ensure that before you sign your name on the dotted line, a legal expert has gone over the contract. Any time you are dealing with a real property transaction whether it is for a new home, land, commercial property transactions, or you are selling property, make sure you are protected.

A real estate lawyer can review contracts, prepare contracts, arrange for title insurance and title clearance, and provide you with the advice you need so you understand your rights. It is a good idea to have this type of legal professional on your side to ensure you are making fully informed decisions.

Who Should I Contact If I am Charged with a DUI

Driving under the influence (DUI) is a serious charge that can come with serious penalties, it is not a battle that you want to fight on your own. A lawyer that specializes in these type of charges can help to get you the best outcome in the matter.

A criminal defense attorney that specializes in DUI/DWI lawyer will have the experience that you need so you can get the legal help that helps to lessen the penalties associated with a conviction. The right experienced attorney will best be able to strategize to improve the outcome of your case.

What if I Get In Trouble While On Active Duty Military Service?

If you are in any branch of the military you need an attorney that specializes in military law. Military law is different than civilian law. Depending on the circumstances of your problem, a JAG lawyer may not be enough. An attorney that understands military law and the unique challenges of service members can help.

If you are active-duty military and you have a civilian legal problem, it is always best to connect with an attorney that understands with civilian legal problems, there can be repercussions with your military career.

What If I am Considering Bankruptcy?

Bankruptcy laws are a set of federal protection laws to allow both business owners and individuals to reorganize their debt. A bankruptcy attorney is a lawyer that specializes in these very difficult to navigate laws. They help you get the fresh financial start that you deserve.

Not every attorney has the skill set to manage a bankruptcy from start to success. It is important that you choose a lawyer that specializes in bankruptcy.

No matter what your legal problem is there is the find an attorney to get the legal help you need.

What Does a Divorce Lawyer Do, Exactly? And How Can They Help You

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Divorce can be a trying time with a number of seeming difficulties flooding the process. An experienced divorce lawyer can help to streamline the process and ease the weight on your shoulders; this is essentially what their job comes down to.

It’s unfortunate to note that divorce is not uncommon, but this does not have to mean distress. Many divorces can be settled smoothly and professionally. If you’re in need of a divorce lawyer in the West Palm Beach area, here’s what you should know about the process and how you can be helped through this difficult time.

Resolving Common Issues

If you’re looking at divorce lawyers or firms to assist you with your situation, you may first be wondering how he or she can help you out exactly. A lawyer is an educated worker who speaks on your behalf, and before they can help to resolve your issues, the two of you must work together to find goals and discuss the situation in detail.

Disputes regarding property, finances, and children are often times what a divorce lawyer is there to assist you with. In some cases, divorcees settle these issues without the help of a lawyer, but lawyers may be beneficial or required in other instances.

A divorce or family lawyer is sought when an agreement cannot be settled or a fair resolution does not seem in reach. You can ask a family lawyer specific questions regarding your situation in order to get a better idea of how your problem can be resolved.

It is also normal to feel lost or inexperienced when it comes to divorce, so the process can seem alien to some. On top of helping you reach agreements or settlements, divorce lawyers will offer objective and unbiased advice that can also help you to understand what is going on.

Finding a Divorce Lawyer in the West Palm Beach Area

Every dispute is going fluctuate and be host to its own difficulties, but a prepared lawyer will be ready to provide you with all that you need in order to get through it with a peace of mind. They can help settle family and financial disputes, and they could offer great and in-depth divorce help. Learn today how a divorce lawyer can help you.

The Real Cost of a DUI Conviction

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According to the Center for Disease Control over 1 million drivers were charged with driving under the influence (DUI). DUI lawyers stay very busy defending people charged with driving under the influence. If you have been charged with a DUI, it is strongly recommended you get the support of experienced DUI lawyers on your side. Dealing with the fallout from a DUI conviction can profoundly change your life.

Why Everyone Charged Needs DUI Lawyers

First we have to address the fact that whether it is your very first charge for driving under the influence or not, the repercussions can be tremendous. A lot of people make the mistake of thinking they do not need a DUI attorney to represent them because it is their first charge. Do not make that mistake. Whether this is your first charge or not you need to be represented in court to get the best possible outcome. The repercussion of these types of charges hangs in the balance and often depends on:
  • The judge you go before
  • The circumstances of the charge
  • The District Attorney assigned to the case
There are many factors outside your control when it comes to the outcome of your case. Walking into a courtroom without a DUI attorney Colorado Springs court personnel recognize and respect can affect your case negatively. An attorney that specializes as a DUI attorney, and that has established their reputation as an attorney that fights for their client’s rights can help you to get a better outcome in your case. There are far too many variables involved to try to handle this on your own.

The Real Cost of a Conviction

Losing your license, fines, and potential community probation is only part of the potential repercussions. Other repercussions can include:
    Job loss, inability to secure employment
  • Paying higher insurance rates
  • Personal relationship problems, professional relationship problems, and more
A DUI conviction can mean losing your job, especially if one of your job requirements is to maintain a driver’s license. You can have difficulty securing employment in the future. A DUI conviction can cost you for years to come. Insurance companies charge a much higher premium for drivers that have a DUI conviction, and that can go on for up to five years. The higher cost is not a few dollars, it can be a few hundred dollars each month in additional charges. If you are in the military, a DUI can mean an Article 15, it can mean other sanctions as well. Military members can also be discharged for a DUI conviction. A conviction can put a strain on personal relationships, professional relationships, and literally cost a small fortune. Don’t risk it get the help of DUI lawyers that know how to fight these charges and get the best possible outcome.

Dos and Dont’s For Traffic Court Appearances

Written by Law Terminology. Posted in Uncategorized

Every year, there are approximately 34 million speeding tickets issued in the United States, which breaks down to 93,000 tickets issued every day (or 65 tickets per second!). In other words, traffic offenses are extremely common. That being said, this doesn’t mean you can afford to take a traffic ticket lightly. If you have been summoned to court to answer for traffic offenses, keeping the following dos and don’ts in mind can increase your chances of a favorable outcome.

Do…

  • Dress the Part: When you have to appear in court for any kind of offense, it’s important to dress appropriately. That means you should steer clear of sweatpants, t-shirts, jeans, and anything revealing. Err on the side of conservatism and show how serious you are about making a good first impression. If you look shoddy when you appear before a judge, your appearance really could impact your case in a negative way. Not putting the work into how you look when you come into court immediately shows those in power that you don’t care enough about this matter. As a result, you might do yourself a disservice.
  • Hire a Traffic Ticket Lawyer: Although a lot of drivers assume that they don’t need help from the most reputable traffic ticket attorney Colorado Springs has to provide, the reality is that most need all the help they can get. Even if you feel that the ticket offenses you face are rather simple and require no expert assistance, you may not realize you require help until it’s too late to obtain it. Rather than take a chance that could present an undue financial burden or put your ability to drive in jeopardy, it’s best to consult with a reputable lawyer beforehand to ensure you won’t become confused, overwhelmed, or do anything to negatively affect your chances in court.

Don’t…

  • Be Disrespectful: You should never do or say anything (either deliberately or accidentally) that could be misconstrued as disrespectful to anyone involved in court proceedings. You should always address the magistrate or judge with the title, “Your Honor,” and you should be civil and cooperative to everyone else in the vicinity. Keep in mind that even security officers and receptionists should be treated with the same level of respect you show the prosecutor; word can get around and your actions can sometimes impact the outcome of your case. In general, you should not come off as argumentative or unkind to anyone during your time in court — as tough as it may be to be in a good mood while you’re there.
  • Be Dishonest: When dealing with traffic offenses, you should resist your urge to stretch the truth in order to make yourself seem like the good guy. It’s certainly tempting, especially when we’re afraid of the negative consequences of our actions. But you must be truthful during your court appearance. Ultimately, you are never going to outsmart the judge and prosecutors; your lies will likely be extremely evident due to your nerves and being dishonest will only hurt you later on. Be straightforward and honest as best you can. This doesn’t mean you have to outright admit that you’re guilty of these traffic offenses, but it does mean you should be forthcoming when questioned.
Having to answer for traffic offenses can be nerve-racking. But if you obtain help from a professional, you’ll have a much greater chance of a better outcome. To learn more or to schedule a consultation with our team, please contact us today.

What to Do if You’ve Been Falsely Accused of Sexual Assault

Written by Law Terminology. Posted in Uncategorized

Sexual assault is actually the least reported violent crime, with only 28% of victims choosing to report their assault to law enforcement. However, that doesn’t mean charges are never filed. And in some cases, false reports can lead to drastic consequences for those who are accused. If you have been falsely accused of sexual assault, it’s essential to be proactive about your situation. Here are a few things you should do right away.
  • Take Your Case Seriously The U.S. criminal justice system is based on the premise that you are innocent until proven guilty. Unfortunately, the court of public opinion can be incredibly damaging in 2018. While there are countless women who should be believed by law enforcement and loved ones when they come forward to tell their stories, there are instances that may involve mistaken identity, misremembered events, or even acts of revenge. In this day and age, the general public may immediately side with the accuser, rather than with the accused. Although you will certainly get your day in court, you shouldn’t put blind faith in our system. Just because you know you’re innocent doesn’t mean you can afford to be nonchalant about your situation. It’s vital that you educate yourself and prepare appropriately, rather than hoping that these accusations will simply go away.
  • Remain Silent Any sexual assault lawyer will tell you that if and when you are arrested, you should invoke your right to remain silent until they arrive. Doing so can ensure your rights are protected and that you don’t say anything that could be used against you later. When you’re facing charges like these, you should make it a rule to remain entirely silent about your case. You can, of course, trust your sexual assault attorneys and should be completely up front with them. But refrain from talking about your case to others, even if you think you can trust them. Don’t post anything that even alludes to your case on social media, either. Remember that if you say nothing, the prosecution will have much less to use against you in trial.
  • Hire a Sexual Assault Attorney If you are facing sexual assault charges, you should not try to represent yourself. This area of law is extremely complex and the consequences you’ll face are incredibly serious. Even if you feel that your innocence will prevail, your sexual assault attorney can make certain your rights are protected, that you refrain from self-incrimination, and that your case is airtight. Don’t assume that only guilty people hire lawyers. It’s the smartest thing you can do to safeguard your future.
If you or someone you know has been accused of sexual assault, hiring an attorney is an important first step. To learn more, please contact us today.

3 Common Winter-Related Injuries To Watch Out For This Season

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Winter is right around the corner and with it comes the dangers of winter weather. Personal injuries and work-related injuries during the winter months are more likely to occur just from performing simple activities. Fortunately, you can prevent winter injuries from happening this season by knowing what to watch out for. That said, here are some of the most common winter-related work injuries and personal injuries to avoid this winter.
  1. Slips, trips, and falls. Slips, trips, and falls are not only the most common work-related injury during the warmer seasons but also during the winter. Puddles left from boots and icy patches can be dangerous, putting you at risk for bruising, head injuries, and other injuries. Your employer ought to be taking the proper precautions to keep these work-related injuries from happening such as using salt in the parking lots and putting up ‘wet floor’ signs.
  2. Car accidents. Georgia isn’t prone to snow, which can make roads and parking lots especially dangerous when it does snow. In fact, up to 3 million people are injured in the U.S. every year in car accidents. Try taking your car out into an empty parking lot when the roads start to get icy so you can get a feel for how your car responds to winter weather.
  3. Shoveling. For those who have shoveled when they were younger, the idea that shoveling could cause injury may be surprising. But shoveling actually takes a lot of physical exertion and can cause you to twist the wrong way or cause your muscles to seize up. That said, be sure to take it slow if your employer has you shoveling walkways while on the job.

Talk to your workers comp attorneys about premisis liability

Georgia may not be a place where snow likes to fall during the winter months, but as we saw law year sometimes the winter weather can surprise us. Your employer is required to make sure your workplace is safe for employees like you no matter the weather. If you suffered from slip and fall accidents at your workplace because of the winter weather, your go-to workers comp attorneys at the McMahan Firm can help. To learn more about our legal services such as workers compensation and social security disability, contact the us today for a consultation.

Changes In Maryland Divorce Laws Help Members Of The Military

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Divorce is emotionally difficult and taxing on its own. Mix in military service, and suddenly you have several more hoops to jump through — the fact that your home state might not allow for the time management of one spouse potentially being deployed half the world away makes the endeavor impossible. Maryland used to be one of those states: it required those seeking divorce with children to reside apart from each other for at least 12 months without interruption and demanded that both parties appear in-person at the final hearing. Military couples are transient inherently: spouses are often only in Maryland because they’re living with the service-member, so a year-long separation can’t be achieved. Additionally, if your spouse is serving a two, three, or six-year term, the latter request is literally unattainable. Fortunately, two new pieces of legislature were introduced to Maryland’s divorce laws which go into effect on 1 October 2018. Bill SB 120, entitled “Family Law — Divorce on Grounds of Mutual Consent — Parties With Minor Children”, eliminates the need for the 12 months of legal separation. Bill SB 96, entitled “Family Law — Divorce on Grounds of Mutual Consent — Court Appearance”, eliminates the need for the responding party to a case to appear in court. Together, divorce becomes a reasonable prospect for those who have decided, mutually, to end their marriage. Maryland wasn’t the only state that made military divorce more complicated than it needed to be. Fortunately, Texas does not count itself among them. Finding family lawyers or military divorce lawyers that understand the nuances — and freedoms — of Texas’ divorce laws can help turn a grueling journey into something little bit more bearable. The average marriage lasts around eight years before ending in divorce. Although it affects more than just service-members, military personnel are especially susceptible — and understandably so; distance and lack of contact, both physical and emotional, can put a strain on even the strongest of relationships. Sometimes things change, or things need to change. If you find yourself needing help through your military divorce, seek out a military divorce attorney today.

3 Infamous Criminal Defense Trials

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Life is a dangerous experience. Every year 3 million people are injured in car accidents in the United States, countless people are assaulted, robbed, and taken advantage of criminally. Whenever this is made public, people desperately want the person responsible to be brought to justice. When they are convicted of a crime, those watching are relieved. When they aren’t, the public gets upset. We see this on the news regularly. A famous person is arrested, put on trial, and when it comes to sentencing the public reacts according to their emotions. Thatis the reason we have a justice system that treats everyone as ‘innocent until proven guilty’. Criminal defense attorneys are the guardians of that fundamental right. Here are some infamous examples of criminal defense attorneys in action, standing up for their clients’ rights.
  1. O.J. Simpson: This controversial case involved the murder of Simpson’s wife and a waiter, a slow police pursuit of Simpson in a white Ford Bronco, racial tension, and a glove that mysteriously didn’t fit. When the verdict came back not guilty, the entire country was shocked. Some people were mad, some were relieved, but no one can question the fact that The Juice’s dream team gave the trial of the century.
  2. Michael Jackson: The trial of Michael Jackson for several counts of pedophelia is still uncomfortable for many Americans. Though found not guilty on all charges, the public isn’t as inclined toward the presumption of innocence as the legal system is. The king of pop passed away a few years ago and will be remembered with mixed emotions, to be sure.
  3. John Gotti: Some of you might be a little young to remember this New York City mafia boss, but the ‘Teflon Don’ ran the organized crime game in NYC for quite some time. He went on trial in 1990 and was found guilty of murder and racketeering two years later.
It is the job of criminal defense attorneys at law to represent their clients to the best of their ability.  Upholding the sanctity of ‘innocent until proven guilty’ is crucial to the continued efficacy of the American legal system.